Legal Question in Family Law in Missouri

Hi, I have a few questions to ask on how to gain custody of my child. First off, my child's mother is a stripper. She cannot take care of my child half of the time, also, she is on countless prescription medications such as oxycontin and hydrocodone - SEVERAL times a day. She has an "illness" which effects her leg and she says she can hardly walk at times. Although no doctor has been able to find out what's causing this said illness. How she strips is beyond me. That being said - I have my child 4 out of 7 days a week. We haven't been together since our child was about 2, he is 9 now. Our custody order says I should have him every other weekend. I buy my child's clothing, shoes, school supplies, and everything else he needs. The mother takes advantage of me at every point she can. My child support order is $298 a month, however, I have some back pay so I get $200 garnished out of every one of my paychecks. It's difficult with this being taken out since I support my child so much. Me or my wife take my child to school most days, and pick him up. His school is 20 minutes away so you can imagine how much gas this is. I love taking care of my child, I just do not like the fact I pay his mother so much money and it never goes to my child. Also, she is on TANF, and my child support goes to paying THAT back instead of child support going to her. She said she may be willing to forgive me of some of my back pay, but that's highly unlikely. I would love to know what I can do to gain custody of my child. Not only because I do not want to pay child support to his mother, but because I feel my child will be much better taken care of in my household since I am married and my wife and I both have stable jobs, and a stable environment. The household my child is living in now is filled with prescription drugs, 5 dogs, 5 cats, a lizard, a bird, and a farret. Any advice would be greatly appreciated. Thanks, Ryan


Asked on 2/25/10, 8:16 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

First of all, you do not tell us if you were married to the child's mother and then divorced, or whether there was a judicial determination of paternity, or whether all you have is an administrative determination and Order to pay child support. This information would allow an attorney to provide a better response to your question. In any event, you will need to take legal action by filing either a Petition or a Motion in Court naming the mother as the Respondent and asking the Court to grant you custody on the basis that it is in the child's best interest. In many legal custody battles an attorney is appointed to represent the child, and the parents are required to pay that attorney's fees. there may also be other costs involved. Custody battles can be very expensive if the other side hires an attorney and puts up a fight. I have handled many such cases in the thirty-two years that I have beeen practicing law, and you may call me for a consultation. I will be happy to quote you a reasonable retainer fee by telephone, and ou can decide whether you wish to make an appointment or not.

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Answered on 3/02/10, 9:51 am


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